The
applicant, M/s. Paragon Polymer Products Pvt. Ltd., engaged in the
manufacture and trading of footwear, sought an advance ruling on whether Input
Tax Credit (ITC) would be admissible in cases involving sale and buy-back
transactions, where payment for goods procured from outsourced vendors is
settled through book adjustments against receivables arising from outward
supplies made to such vendors.
The
applicant explained that, in the course of business, raw materials required for
manufacturing footwear are supplied to vendors, who in turn manufacture
footwear or footwear components and supply the same back to the applicant under
tax invoices. In such transactions, mutual obligations arise between the
parties, which are proposed to be settled by way of book adjustments, with only
the net balance being discharged through banking channels.
The
Authority examined the provisions of Section 16 of the CGST Act, 2017, which
prescribes the conditions for availing ITC, and noted that while payment of
consideration is a mandatory requirement, the Act does not restrict the mode of
payment exclusively to cash or bank transfers. The definition of
“consideration” under Section 2(31) of the CGST Act expressly includes payments
made or to be made, whether in money or otherwise, and also covers the monetary
value of any act or forbearance.
The
Authority further observed that settlement of liabilities through book
adjustments is a well-recognised commercial and accounting practice, also
supported by Accounting Standards, and constitutes a valid mode of discharging
consideration. Reference was also made to similar reasoning adopted by the West
Bengal Authority for Advance Ruling in Senco Gold Ltd., reinforcing the
view that book adjustments amount to valid consideration.
On a
combined reading of Sections 2(31), 12, 13, and the proviso to Section 16(2) of
the CGST Act, the Authority concluded that payment through book adjustment
satisfies the condition of payment of consideration. Accordingly, ITC would be
admissible in respect of goods purchased from outsourced vendors, even when
consideration is settled through book adjustments, subject to fulfillment of
all other statutory conditions and restrictions prescribed under the CGST Act
and Rules.
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